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2 Agenda The Principles of an Employment ContractManaging performance and absenceDiscipline, grievance and dismissal proceduresQuestions and Answers22

3 Employer's ObligationsAn employer is responsible for ensuring all their employees receive certain basic employment rights.The main obligations include:A written statement of terms and conditions of employmentA written statement of pay or 'payslip'A minimum wageA maximum working weekUnpaid breaks during working hoursAnnual leave from workA minimum amount of notice before termination of employmentThe maintenance of records in relation to their employees and their entitlements333

5 Contract of EmploymentIt is the legal basis of the employment relationship and is central to the interpretation & application of statutory rightsA contract 'starts' as soon as an offer of employment is accepted. Starting work proves that you accept the terms and conditions offered by the employerMust be “consideration” or remuneration for work doneBoth parties must intend to create legal relationsShould be made in writing555

6 Contract of EmploymentThe Terms of Employment (Information) Acts 1994 and 2001An employer is obliged to provide an employee with a written statement of terms of employment within the first two months of the commencement of employment. However, this requirement does not apply to an employee who has been employed for less than a month666

7 Statement of TermsThe statement of terms must include the following information:Name and full address of employer and employeeDate of commencement of employmentJob locationRate of pay and whether it is paid weekly or monthlyWorking hours, lunch breaksHoliday entitlementJob description/job titleIf the contract is temporary/fixed term, the expected duration of the contract*Details of paid leave (holidays, bank holidays)777

8 Statement of TermsThe statement of terms must include the following information:*Sick pay (attending company doctor)* Pension scheme and Healthcare (if any)*Period of notice to be given by employer or employee*Details of any collective agreements that may affect the employee’s terms of employment888

9 Statement of Terms Disciplinary and grievance proceduresSpecific provisions in contracts of employment e.g. mobile phones, search, confidentiality, dress codeProbationary period – 6 months, may be extended but should not go beyond 10 monthsChanges to your conditions of employment* In the case of these items instead of giving each employee the details in writing, the employer may refer an employee to other documents, for example, an employee handbook, a pension scheme booklet or a collective agreement, provided that the employee has easy access to such documents999

10 Checklist for Contract1. Full name and address of employee and employer (company letterhead)2. Commencement and Term of Employment3. Position4. Place of Work5. Hours of Employment6. Duties7. Probationary period8. Salary – paid weekly or monthly9. Benefits – pension and healthcare101010

16 What is performance management?Performance management is the process by which a supervisor/managerevaluates work performancedocuments the resultsand communicates the results to the individual (appraisee)1616

17 Purpose of Performance ManagementCommunication: promote a two-way discussion between you and your staff to ensure that the discussion is focused & openFocus on performance: praise good performance and address issues & instances of under-performanceDevelopment: provide a development plan for staffClarity: ensure there is shared clarity between you and staff as to their roles, duties, targets and objectivesResults: Help the company achieve its goals, targets & objectives in the most efficient and effective manner possible1717

18 SMART ObjectivesSpecific – specific and clear statements about what is to be achievedMeasurable – should be measurable to determine if they have been achievedAchievable – objectives need to be realistic, challenging and motivatingRelevant– individual objectives must be linked to the organisations goals and objectivesTime bound – set a time-scale for final completion1818

19 Poor PerformersPoor performance can be caused by a number of factors, both personal and business relatedRecognising this early and offering support will show that you care, about the individual and the businessWe need to be mindful that there are others who can ultimately be impacted by poor performers1919

20 Dealing with Under PerformersSit down with them, communicate where they fall behind and outline the main issues of concernThe employee may need training and development, it may not be their lack of ability but lack of knowledge and informationPut a performance improvement plan (PIP) in placeGive them time to adjust, take on board the feedback e.g. 1 to 3 monthsReview them againIf there is no improvement and it is down to poor performance you may have to start a disciplinary process202020

21 Dealing with Under PerformersHaving invested in an individual, dismissing them does not give a good return on that investmentIf you do not deal with under performers in a measured way the business will suffer, your reputation as a manager will suffer and other people in the business will sufferIf the employee is not improving after giving them training and support, the last resort is to start the disciplinary process2121

22 Dealing with AbsenceInclude terms in your contract of employment which give you permission to hold absence recordsHave clear written procedures for reporting absences e.g. Sick Leave Policy and ProcedurePhone in by 9.00am, text message will not sufficeCommunicate your policy with all staffRecord and monitor all staff absence222222

23 Dealing with Sick LeaveInclude terms in your contract of employment which gives you permission to refer employees to the company doctorIf an employee is out 3 days or more they should provide a doctors certificateRequest that employees who are absent from work on a long term basis visit the company doctorHave a policy in place which reduces sick pay for long-term absent employeesCarry out return to work interviewsConsider flexible working arrangements that can support absent employees to return to work232323

24 Dealing with Work Related StressAsk the employee to attend the company doctor to confirm the cause of stressProvide an Employee Assistance ProgrammeIt may be necessary to carry out an investigation depending on the details provided by the employee e.g. If the employee feels bullied, intimidated, overload of workIf the employee resigns while on certified sick leave and states the cause of the sick leave is work related stress - the employer must act reasonably to resolve the situation242424

27 Why have a Grievance Procedure?The grievance procedure enables employees to raise issues with their employer, where the employee may be dissatisfied or feel unfairly treatedIt is a mechanism to resolve issues close to the source of the problemsEvery employee has the right to air a grievance relating to their employment or to raise a complaint about their working conditions272727

28 THE GRIEVANCE PROCEDUREStage 1 - Grievance to be heard by Line ManagerStage 2 - Grievance to be heard by Snr. Manager/HRStage 3 - Grievance to be heard by a Company DirectorStage 4 - Grievance may be referred to a Third PartyIn stages cases- Heard within 7 working daysEmployee has the right to representationDecision within 7 days282828

30 The Grievance InterviewMeet as soon as possibleNotify the employee of the arrangementsSet aside sufficient timeEnsure privacyEstablish precise nature of grievance303030

31 The Grievance Interview Cont’dInvite employee to state case and a preferred resolutionClarify their understandingSchedule another meeting if needed to:Obtain additional information/check policy, procedure and any precedentsConsider actionGive time frame if you need to schedule a second meeting313131

32 When decision has been reachedArrange to meet as soon as possibleGive reasons for decisionGive employee opportunity to respondExplain options available should the employee wish to take things further (put in a formal complaint)323232

33 Follow Up Confirm in writing:- The outcome of the meetingThe reasons for the decisionAny action to be takenA detailed and accurate record must be kept .333333

34 Benefits of a Grievance Policy and ProcedureReinforces a positive working environment among employeesEncourages open communication amongst employee and managerProblems resolved quickly at local levelEnsures employees are treated fairly and consistently across the organisation343434

35 Preventative DimensionHandling an employee's grievance effectively and efficiently may prevent the following issues arising:Low moraleUnder performance, lack of resultsAbsenteeismLatenessTurnoverEscalation of minor problemsCase of constructive dismissal353535

37 Disciplinary – Why have one?Informs managers and employees on how the company will deal with situations where employees are not keeping standards, rules etc.It is required by law, i.e. The Unfair Dismissals Act , protects the rights of the employee - the right of action if he/she has been unfairly dismissed or disciplinedProvides procedures to prevent employees being unfairly dismissed or disciplined and provides consistency and fairnessCommon causes of grievances: interpretation of conditions of employment, pay, work allocation, staffing levels, promotion and grading, changing work practices; health and safety issues; equality issues; bullying/harassment3737

38 Disciplinary Have you had to discipline staff? What were the reasons?When do you think staff should be disciplined?Common causes of grievances: interpretation of conditions of employment, pay, work allocation, staffing levels, promotion and grading, changing work practices; health and safety issues; equality issues; bullying/harassment3838

39 Disciplinary ProcedureMake sure staff who manage people are trained in how to work with the proceduresMake sure procedures are followedMake sure that those investigating issues or allegations are trained to carry out proper and unbiased investigations3939

40 Disciplinary ProcedurePre-disciplinary: An informal word/advice to an employee/note to fileStep 1: Verbal Warning (confirmed in writing) / 6 monthsStep 2: First Written Warning / 12 monthsStep 3: Final Written Warning / 12 monthsStep 4: DismissalSerious Misconduct warranting dismissal – employee may be suspended pending investigation and remain suspended until the final decision is issued. The employee must be paid during suspension from work to ensure that the presumption of innocence is honoured.An employee has the right to appeal a decision in the case of disciplinary action. The appeal will follow the normal Grievance Procedure.Critical that you follow your own procedure4040

41 Disciplinary ProcedureFormal StepsThe following general principles will apply:A written letter will be given before attending any meeting, setting out the allegations or complaints and inviting them to the meeting.The employee will be given the opportunity to respond fully to any allegations or complaints.A fellow employee or representative may be present and the HR Manager/Senior Manager at any meeting.The employee will be given the opportunity to appeal any decision made at any stage of the formal procedure.A written letter of the outcome will be given to the employee and put on their file.4141

42 Disciplinary ProcedureInformal Discussion/Pre-DisciplinaryIf an allegation of misconduct is made against an employee, the Manager (or other appropriate member of management) will informally draw the employees attention to the standards required and explore reasons for this failure.The employee will be given an opportunity to present their case.A resolution will be set out and a review period agreed.This will be seen as a counselling session and a record will be kept of the incident on the employee's file.4242

43 Disciplinary ProcedureStep 1: Verbal WarningAn investigation will be held into the alleged misconduct.The employee will be requested to attend a meeting with the manager.At the meeting the employee will again be informed of the allegation and will have an opportunity to comment on the situation.If the manager feels that it is warranted, the employee will receive a verbal warning that repetition of the misconduct will lead to further disciplinary action.This is the first warning in the disciplinary procedure and it will be recorded, in writing, in the employee's file.This warning will remain active for a 6-month period.4343

44 Disciplinary ProcedureStep 2 - First Written WarningSame as Step 1.If the manager feels their explanation is not satisfactory and that disciplinary action is required, they will receive a first written warning.On the employee's file for at least one year.Further behaviour constituting misconduct, will lead to further disciplinary action which could lead to dismissal.4444

45 Disciplinary ProcedureStep 3 - Final Written WarningSame as Step 2.If the manager feels their explanation is not satisfactory and that disciplinary action is required, they will receive a final written warning.On file for at least one year.It will state that if there is further behaviour constituting misconduct, they will be subject to further disciplinary action which could lead to dismissal.If there is a further allegation of misconduct within the warning period, the next step of this procedure will be implemented.4545

46 Disciplinary ProcedureStep 4 – DismissalSame as Step 3.If the allegation is found to be true, then unless there are extenuating circumstances, written notice of dismissal or other disciplinary sanction, including suspension will be issued.The employee will be advised of the right to appeal.4646

47 Disciplinary ProcedureAppeal ProcedureIf the employee feels they have been unfairly treated, or are not satisfied with the decisions made, they may appeal against the disciplinary action taken.The employee should lodge their appeal with HR or a senior manager in the company within five working days of the disciplinary meeting.The appeal will be heard by a senior manager or director who has not been involved in the disciplinary process.The employee will be informed of the findings of the appeal hearing, which will either:Confirm the disciplinary action already advised;Alter it to more appropriate action; orReverse it, thereby cancelling the disciplinary action.The decision is final, and no further appeal may be made.4747

48 Disciplinary ProcedureSerious MisconductThe following are examples of such actions. Other activities or policy violations could also be serious enough to warrant dismissal.Dishonesty - including theft, misappropriation of property belonging to a client, a colleague or the Company, false entries in records, or the improper acceptance of money or gifts.Conviction of an offence which the Company considers is detrimental to their reputation or which may adversely affect the relationship of the Company with employees or clients.Any act of physical or sexual assault or any threatening or harassing behaviour against others.Deliberate breach of Health and Safety rules or procedures.Insubordination or refusal to follow a manager’s reasonable instruction.4848

49 Thank you for your attentionQ&AAny questions?Thank you for your attention4949